jury, representing to the court that a public offense has been committed which is triable in the county, and that there is reasonable ground for believing that a particular individual named or described therein has committed it. 13,917. Indictment defined. SEC. 917. An indictment is an accusation in writing, presented by the grand jury to a competent court, charging a person with a public offense. 13,918. Foreman may administer oaths. SEC. 918. The foreman may administer an oath to any witness appearing before the grand jury. 13,919. Evidence receivable before the grand jury. SEC. 919. In the investigation of a charge for the purpose of either presentment or indictment, the grand jury can receive no other evidence than such as is given by witnesses produced and sworn before them, or furnished by legal documentary evidence, or the deposition of a witness in the cases mentioned in the third subdivision of section 686. The grand jury can receive none but legal evidence, and the best evidence in degree, to the exclusion of hearsay or secondary evidence. 13,920. Grand jury not bound to hear evidence for defendant, but may order explanatory evidence, etc. SEC. 920. The grand jury is not bound to hear evidence for the defendant; but it is their duty to weigh all the evidence submitted to them, and when they have reason to believe that other evidence within their reach will explain away the charge, they should order such evidence to be produced, and for that purpose may require the district attorney to issue process for the witnesses. 13,921. Degree of evidence to warrant indictment. SEC. 921. The grand jury ought to find an indictment when all the evidence before them, taken together, if unexplained or uncontradicted, would, in their judgment, warrant a conviction by a trial'jury. 13,922. Grand jurors must declare their knowledge as to commission of public offense. SEC. 922. If a member of a grand jury knows, or has reason to believe, that a public offense, triable within the county, has been committed, he must declare the same to his fellow jurors, who must thereupon investigate the same. 13,923. Must inquire into cases of persons imprisoned, etc. SEC. 923. The grand jury must inquire into the case of every person imprisoned in the jail of the county on a criminal charge and not indicted; into the condition and management of the public prisons within the county; and into the willful and corrupt misconduct in office of public officers of every description within the county. 13,924. Entitled to access to public prison, etc. SEC. 924. They are also entitled to free access, at all reasonable times, to the public prisons, and to the examination, without charge, of all public records within the county. 13,925. When and from whom they may ask advice, and who may be present during their sessions. SEC. 925. The grand jury may, at all reasonable times, ask the advice of the court, or the judge thereof, or of the district attorney; but unless such advice is asked the judge of the court must not be present during the sessions of the grand jury. The district attorney of the county may at all times appear before the grand jury for the purpose of giving information or advice relative to any matter cognizable by them, and may interrogate witnesses before them whenever they or he thinks it necessary; but no other person is permitted to be present during the sessions of the grand jury except the members and witnesses actually under examination, and no person must be permitted to be present during the expression of their opinions or giving their votes upon any matter before them. An Act in relation to interpreters before grand juries. Approved March 23, 1872; 1871-2, 540. Interpreter before grand jury. SECTION 1. The grand jury or district attorney may require, by subpoena, the attendance of any person before the grand jury as interpreter; and the interpreter may be present at the examination of witnesses before the grand jury. SEC. 2. This act shall be in force from and after its passage. 13,926. Secrets of grand jury to be kept, except, etc. SEC. 926. Every member of the grand jury must keep secret whatever he himself or any other grand juror may have said, or in what manner he or any other grand juror may have voted on a matter before them; but may, however, be required by any court to disclose the testimony of a witness examined before. the grand jury, for the purpose of ascertaining whether it is consistent with that given by the witness before the court, or to disclose the testimony given before them by any person, upon a charge against such person for perjury in giving his testimony or upon trial therefor. 13,927. Grand juror not to be questioned for his conduct, except, etc. SEC. 927. A grand juror cannot be questioned for anything he may say or any vote he may give in the grand jury relative to a matter legally pending before the jury, except for a perjury of which he may have been guilty, in making an accusation or giving testimony to his fellow jurors. CHAPTER IV. PRESENTMENT AND PROCEEDINGS THEREON. 13,931. Presentment must be by twelve grand jurors, etc. SEC. 931. A presentment cannot be found without the concurrence of at least twelve grand jurors. When so found it must be signed by the foreman. 13,932. Must be presented to the court and filed. SEC. 932. The presentment, when found, must be presented by the foreman, in presence of the grand jury, to the court, and must be filed with the clerk. 13,933. If facts stated in presentment constitute public offense, court must direct bench warrant. SEC. 933. If the facts stated in the presentment constitute a public offense, triable in the county, the court must direct the clerk to issue a bench warrant for the arrest of the defendant. 13,934. Bench warrant, by whom and how issued. SEC. 934. The clerk, on the application of the judge or district attorney, may accordingly, at any time after the order, whether the court be sitting or not, issue a bench warrant, under his signature and the seal of the court, into one or more counties. 13,935. Form of bench warrant. [SEC. 935. The bench warrant, upon presentment, must be substantially in the following form: COUNTY OF The People of the State of California to any Sheriff, Constable, Marshal, or Policeman in this State: A presentment having been made on the the county court of the county of day of eighteen charging C. D. with the crime of to (designating it generally), you are therefore commanded forthwith to arrest the above-named C. D. and take him before E. F., a magistrate of this county; or, in case of his absence or inability to act, before the nearest and most accessible magistrate in this county. Given under my hand, with the seal of said court affixed, this , A. D. eighteen By order of the court. [SEAL.] 13,936. Bench warrant, how served. day of G. H., Clerk. SEC. 936. The bench warrant may be served in any county, and the officer serving it must proceed thereon as upon a warrant of arrest on an information, except that when served in another county, it need not be indorsed by a magistrate of that county. 13,937. Proceedings of magistrate on defendant being brought before him. SEC. 937. The magistrate, when the defendant is brought before him, must proceed upon the charges contained in the presentment, in the same manner as upon a warrant of arrest on an information. TITLE V. Of the Indictment. CHAPTER I. FINDING AND PRESENTMENT OF THE INDICTMENT. CHAPTER I. FINDING AND PRESENTMENT OF THE INDICTMENT. 13,940. Indictment must be found by twelve jurors, indorsed, etc. 13,940 13,948 SEC. 940. An indictment cannot be found without the concurrence of at least twelve grand jurors. When so found it must be indorsed, "A true bill," and the indorsement must be signed by the foreman of the grand jury. 13,941. If not found, depositions, etc., must be returned to court, etc. SEC. 941. If twelve grand jurors do not concur in finding an indictment against a defendant who has been held to answer, the depositions and statement, if any, transmitted to them must be returned to the court, with an indorsement thereon, signed by the foreman, to the effect that the charge is dismissed. 13,942. Effect of dismissal. SEC. 942. The dismissal of the charge does not prevent its resubmission to a grand jury as often as the court may direct. But without such direction it cannot be resubmitted. 13,943. Names of witnesses inserted at foot of indictment. SEC. 943. When an indictment is found, the names of the witnesses examined before the grand jury, or whose depositions may have been read before them, must be inserted at the foot of the indictment, or indorsed thereon, before it is presented to the court. 13,944. Indictment, how presented and filed. SEC. 944. An indictment, when found by the grand jury, must be presented by their foreman, in their presence, to the court, and must be filed with the clerk. 13,945. Proceedings when defendant not in custody. SEC. 945. When an indictment is found against a defendant not in custody, the same proceedings must be had as are prescribed in sections 979 to 984, inclusive, against a defendant who fails to appear for arraignment. CHAPTER II. RULES OF PLEADING AND FORM OF THE INDICTMENT. 13,948. Form of and rules of pleading. SEC. 948. All the forms of pleading in criminal actions, and the rules by which the sufficiency of pleadings is to be determined, are those prescribed by this code. 13,949. First pleading by the people is indictment. SEC. 949. The first pleading on the part of the people is the indictment. 13,950. Indictment, what to contain. SEC. 950. The indictment must contain: 1. The title of the action, specifying the name of the court to which the indictment is presented, and the names of the parties; 2. A statement of the acts constituting the offense, in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended. 13,951. Form of indictment. SEC. 951. It may be substantially in the following form: The People of the State of California against A. B., in the County Court of the County of, at its Term, A. D. eighteen A. B. is accused by the grand jury of the county of, by this indictment, of the crime of (giving its legal appellation, such as murder, arson, or the like, or designating it as felony or misdemeanor), committed as follows: The said A. B., on the day of A. D. eighteen at the county of , set forth the act or omission charged as an offense). 13,952. Indictment must be direct and certain. SEC. 952. It must be direct and certain, as it regards: 1. The party charged; 2. The offense charged; (here 3. The particular circumstances of the offense charged, when they are necessary to constitute a complete offense. 13,953. When defendant indicted by fictitious name, etc. SEC. 953. When a defendant is indicted by a fictitious or erroneous name, and in any stage of the proceedings his true name is discovered, it must be inserted in the subsequent proceedings, referring to the fact of his being indicted by the name mentioned in the indictment. 13,954. Indictment must charge but one offense. SEC. 954. The indictment must charge but one offense, but the same offense may be set forth in different forms under different counts, and, when the offense may be committed by the use of different means, the means may be alleged in the alternative in the same count. [Amendment, approved March 30, 1874; Amendments 1873-4, 437; took effect July 1, 1874.(^) 13,955. Statement as to time when offense was committed. SEC. 955. The precise time at which the offense was committed need not be (a) Original section: SEC. 954. The indictment must charge but one offense, and in one form only, except that when the offense may be committed by the use of different means, the indictment may allege the means in the alternative. stated in the indictment; but it may be alleged to have been committed at any time before the finding thereof, except where the time is a material ingredient in the offense. 13,956. Statement as to person injured or intended to be. SEC. 956. When an offense involves the commission of, or an attempt to commit, a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured, or intended to be injured, is not material. 13,957. Construction of words used in an indictment. SEC. 957. The words used in an indictment are construed in their usual acceptance in common language, except such words and phrases as are defined by law, which are construed according to their legal meaning. 13,958. Words used in a statute need not be strictly pursued. SEC. 958. Words used in a statute to define a public offense need not be strictly pursued in the indictment; but other words conveying the same meaning may be used. 13,959. Indictment, when sufficient. SEC. 959. The indictment is sufficient if it can be understood therefrom: 1. That it is entitled in a court having authority to receive it, though the name of the court be not stated; 2. That it was found by a grand jury of the county in which the court was held; 3. That the defendant is named, or, if his name cannot be discovered, that he is described by a fictitious name, with a statement that his true name is to the jury unknown; 4. That the offense was committed at some place within the jurisdiction of the court, except where the act, though done without the local jurisdiction of the county, is triable therein; 5. That the offense was committed at some time prior to the time of finding the indictment; 6. That the act or omission charged as the offense is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended; 7. That the act or omission charged as the offense is stated with such a degree of certainty as to enable the court to pronounce judgment upon a conviction, according to the right of the case. 13,960. Indictment not insufficient for defect of form not tending to prejudice defendant. SEC. 960. No indictment is insufficient, nor can the trial, judgment, or other proceeding thereon be affected by reason of any defect or imperfection in matter of form which does not tend to the prejudice of a substantial right of the defendant upon its merits. 13,961. Presumptions of law, etc., need not be stated. SEC. 961. Neither presumptions of law nor matters of which judicial notice is taken, need be stated in an indictment. 13,962. Judgments, etc., how pleaded. SEC. 962. In pleading a judgment or other determination of, or proceeding before, a court or officer of special jurisdiction, it is not necessary to state the facts constituting jurisdiction; but the judgment or determination may be stated as given or made, or the proceedings had. The facts constituting jurisdiction, however, must be established on the trial. |